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Terms of Use Policy

Transfinder eForum Terms of Use


These Terms of Use, the Transfinder Corporation Website Terms of Use and the Transfinder Privacy Policy govern your use of the Transfinder eForum. Transfinder may revise these Terms of Use at any time by updating this page.  By using the eForum you agree to be bound by these terms and any amendments.

Limitations on Use
Except as otherwise indicated on a particular site, the Transfinder eForum is a community website geared towards users of Transfinder Corporation’s products and services.  The eForum is controlled and operated by Transfinder. Transfinder makes no representation that materials available on the eForum are appropriate in every country, and access to them from territories where their contents are illegal is prohibited.  Those who choose to access the eForum are responsible for compliance with local laws.
Registration
You agree that all information you submit at registration is accurate and that you will keep it current.  If we have reasonable grounds to suspect that the registration data is untrue, inaccurate or incomplete, we have the right to suspend or terminate your account.  It is your responsibility to maintain the confidentiality of your account information, and you are responsible for all use of the eForum accessed through it.  You acknowledge and agree that we may send you important information and notices regarding your account and the eForum by email or other means based on the information you provide to us.
Rules of Conduct
You understand and agree that:
  • Your use of the eForum, including any content you submit, will comply with all applicable laws (including but not limited to laws governing competition, trade, false advertising and export control) and these Terms of Use.
  • You will not impersonate any other person or submit content on behalf of any other person or entity.
  • You will not submit content in exchange for payment or consideration received from any third party.
  • You will not collect information about other eForum users without their consent.
  • You will treat other eForum users with respect.
  • You will not submit any content that:
    • Infringes on the intellectual property rights or other rights of any person or entity;
    • Intentionally interferes with the eForum’s operation;
    • Violates any person’s privacy or publicity rights or breaches any duty of confidentiality that you owe to anyone or provides any non-public information about Transfinder or any other company or person without authorization (including the names and contact information for Transfinder employees and eForum users);
    • Is harassing, defamatory, abusive, pornographic, obscene or otherwise objectionable (in our sole judgment);
    • Contains or installs any viruses, worms, bugs, Trojan horses or other code, files or programs designed to, or capable of, disrupting, damaging or limiting the functionality of any software or hardware; or
    • Contains false or deceptive language, unsubstantiated or comparative claims regarding our or others’ products, third party advertising, spam, chain letters, or any other solicitation, including solicitation of lawsuits.  Links that connect to commercial websites will not be considered unauthorized solicitations unless the link or the website content appears to be intended as a means of solicitation or part of an “affiliate” program as determined by Transfinder in its sole discretion.
Links
The eForum may include links to third-party sites, which are not under Transfinder’s control.  You access them at your own risk.  In order to use certain features of the eForum, you may be required to install or use equipment and software.  You do so entirely at your own risk.
Enforcement
Transfinder reserves the right to review and/or approve all content submitted, and to block, edit or remove any content that we determine to be in violation of these Terms of Use or otherwise in our sole discretion.  To report violations of these Terms of Use, please write to the marketing@transfinder.com.  Although the eForum may be moderated or monitored by Transfinder, it is not a substitute for contacting Transfinder Support.  To contact Transfinder support, email at support@transfinder.com or at 518.688.0078 or 888.427.2403.
We reserve the right in our sole discretion to terminate or restrict your use of the eForum, without notice, for any or no reason, and without liability to you or any third party.  We also reserve the right to discontinue any part of the eForum at any time.
License and Release
You grant to Transfinder and its designees a perpetual, irrevocable, non-exclusive fully-paid up and royalty-free license to use any ideas, expression of ideas or other information, content or materials you submit to any eForum (collectively, “Materials”) without restrictions of any kind and without any payment or other consideration of any kind, or permission or notification, to you or any third party.  The license shall include, without limitation, the irrevocable right to reproduce, prepare derivative works, combine with other works, alter, translate, distribute copies, display, perform, license the materials, and all rights therein, in the name of Transfinder or its designees throughout the universe in perpetuity in any and all media now or hereafter known.
The license shall also permit Transfinder and its designees to use portions of the materials you submit, rerecord or modify any audio tracks or visual images you provide, rewrite any materials you submit, and/or incorporate other materials, either created by Transfinder and its designees or licensed from third parties, with the materials you submit.  Any such works shall be deemed materials owned by Transfinder and shall not be subject to your approval or payment by Transfinder of any compensation to you. We shall have the right, but not the obligation, to use your name, photograph, likeness, voice, performance, biography and other information about you in connection with the materials you submit.
You also agree that we are free to use any of the materials or any comments, information or ideas contained in any content or communication you submit to us or the eForum, without notice, compensation or acknowledgement to you, for any purpose whatsoever, including but not limited to advertising and marketing, modifying the eForum and developing products and services.
You agree that the materials you submit fully comply with these Terms of Use, including that your materials are original with you and accurate and does not violate the rights of any third party or applicable law or ordinance.  If it is determined that you have violated any of these terms you may be barred from accessing the eForum and we may pursue any remedies available to us.  You acknowledge and agree that the relationship between you and Transfinder is not a confidential, fiduciary, or other special relationship.
You acknowledge and agree that Transfinder and its designees may create on their own or obtain many submissions that may be similar or identical to the materials you submitted.  You hereby waive any and all claims you may have had, may have, and/or may have in the future, that the materials accepted, reviewed and/or used by Transfinder and its designees may be similar to your materials.
Proprietary Rights and License to Use
All materials on the eForum, including, without limitation, names, logos, trademarks, graphics, photographs, illustrations, and software and other elements making up the eForum (collectively, “Content”) are protected by copyrights, trademarks or other intellectual property rights owned and controlled by us or by other parties that have otherwise provided their material to us.  You may not delete, distort, or otherwise modify the Content.  Any unauthorized attempt to modify any Content, to defeat or circumvent our security features, or utilize the eForum or any part of the Content for any purpose other than its intended one is strictly prohibited.
You may display, perform, redistribute and otherwise exploit the videos or other Content on the eForum under a worldwide, royalty-free, revocable and non-exclusive license from Transfinder ("User License"), provided you comply with the following restrictions:
  • You may not alter or edit the Transfinder Videos in any way, or combine the Transfinder videos with other materials, without the prior written permission of Transfinder.  To request permission, please contact: marketing@transfinder.com.
  • You must include any copyright notices, disclaimer of warranties, tags and other disclosures and identifiers required by Transfinder.
  • You may not use the Transfinder videos on any website or in any other medium, or in connection with any activity, that is sexually explicit, violent, derogatory, profane, defamatory; promotes alcohol, illegal drugs, tobacco, weapons, unsafe activities or a political message; promotes any non-Transfinder brand or product; infringes on the rights of any third party; or violates any law.
  • You may not offer for sale, assign or impose any terms on the Transfinder videos that alter, restrict or are inconsistent with the terms of the User License or these Terms of Use.
Transfinder also reserves the rights to terminate any User License at any time, and to no longer make the Transfinder videos available for license.  In the event of termination of a User License by Transfinder, you agree to immediately cease use of the Transfinder videos, and if requested by Transfinder to notify Transfinder of any uses you made of the Transfinder videos.
Claims of Copyright Infringement
If you believe that your work has been copied on the eForum in any way without your permission, please provide the following information to our Agent to Receive Notification of Claimed Copyright Infringement at marketing@transfinder.com.   Your notice must contain the following:
  • Your electronic or physical signature;
  • A description of the work you claim has been infringed;
  • Identification of the work you claim infringes the copyrighted work and a description of where it is located on the eForum;
  • Your address, telephone number and e-mail address;
  • A statement by you that you have a good faith belief that the infringing use is not authorized by the copyright owner, the copyright owner's agent or by law; and
  • A statement by you, under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
General Release
You hereby release and hold harmless Transfinder Corporation, its affiliated entities, employees, directors, officers, licensees and assigns and each of their respective designees ("Transfinder Entities") with respect to any claims, damages, costs, losses and expenses, including reasonable attorneys' fees, due to or arising out of content you submit, post, transmit or make available through the eForum.
Disclaimer of Warranties
THE EFORUM AND ALL CONTENT, PRODUCTS AND SERVICES INCLUDED ON OR AVAILABLE THROUGH THE EFORUM ARE PROVIDED "AS IS" FOR YOUR USE. YOU AGREE THAT YOUR USE OF THE EFORUM IS AT YOUR SOLE RISK. THE TRANSFINDER ENTITIES AND ANY SPONSORS AND ADVERTISERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT USE OF THE EFORUM OR ANY CONTENT OR SERVICES ON OR FROM THE EFORUM (INCLUDING ANY SOFTWARE) WILL BE UNINTERRUPTED, TIMELY, ACCURATE, SECURE OR ERROR FREE.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL THE TRANSFINDER ENTITIES, SPONSORS AND ADVERTISERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE MATERIALS ON THIS EFORUM SITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, REVENUE, OR BUSINESS INTERRUPTION, OR LOSS OF COMPUTER PROGRAMS OR DATA ARISING FROM (I) YOUR USE OF OR INABILITY TO USE THE EFORUM, OR (II) CONTENT, PRODUCTS, AND/OR SERVICES INCLUDED ON OR AVAILABLE THROUGH THE EFORUM.  SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY. THEREFORE, THE ABOVE DISCLAIMER OF WARRANTIES AND/OR LIMITATION OF LIABILITY MAY NOT APPLY TO YOU IN ITS ENTIRETY.
Indemnification
You agree to indemnify and hold the Transfinder Entities harmless from any claims, demands, liabilities, losses, damages, costs and expenses (including, without limitation, reasonable attorneys' fees) arising from your breach of any warranties, representations and agreements set forth in these Terms of Use, including, without limitation, your unauthorized or improper use of any Content.
Governing Law
THIS AGREEMENT SHALL BE GOVERNED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK AND ITS VALIDITY, CONSTRUCTION AND EFFECT SHALL BE GOVERNED BY AND ENFORCED PURSUANT TO THE SUBSTANTIVE LAWS OF THE STATE OF NEW YORK.
General Provisions
These Terms of Use shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns.  If any provision of these Terms of Use is held to be invalid or unenforceable, such provision shall be struck, and the remaining provisions shall be enforced.  Our failure to enforce any provision of these Terms of Use shall not constitute a waiver of that or any other provision.  These Terms of Use set forth the entire understanding and agreement between you and us regarding your use of the eForum.
 
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